Truck accidents are complex in nature. Not only do they have the potential to be more dangerous than a car accident, they’re not always easy to understand. That is why a truck accident lawyer is here to help you learn about the main elements that must be successfully proven in a truck accident and other concerns related to this type of accident.
This blog post is written for informational and educational in nature. It is written to help you understand one of many legal concepts involved in a truck accident. It’s not meant as a substitute for legal advice. If you need legal advice because you were involved in a truck accident, schedule a consultation with a licensed and experienced truck accident attorney.
Main Elements Of Negligence
One of the main elements of a truck accident that must be proven in order to have a successful claim is known as negligence. Negligence relies on four specific parts.
- There must be a legal duty. For example, a truck driver has a legal duty to obey the speed limit. Sometimes, the speed limit for trucks is less than that of a passenger vehicle.
- The legal duty was ignored. Going back to our example, the truck driver was driving 15 MPH above the posted speed limit.
- An actual injury occurs. Speeding is not enough to fulfill the negligence factor. An injury of some kind must be incurred. For example, the speeding truck didn’t have enough time and distance to stop in traffic and rear ended a car. The damage to the car and any medical injuries incurred would be an actual injury.
- The “but-for” test is met. Using our example, it looks like this: But-for the truck driver speeding, they wouldn’t have hit another vehicle and damaging it, and the injuries sustained by the driver and/or passengers in the vehicle wouldn’t have occurred.
While this may seem a little complicated, an experienced attorney can guide you through all of it. They will work to establish liability in your case, as our friends at Herschensohn Law Firm, PLLC can attest.
Other Concerns With A Truck Accident
Although negligence may be easy to understand, there are other complexities that may exist. For example, there may be more than one defendant. While the driver may be a defendant, other defendants may include and not be limited to:
- The trucking company
- Other drivers that may have been involved in the accident
- The company hired to maintain the truck
- Parts manufacturer
Whether there are additional defendants depends on the facts involved in the accident. The good news is this: if there are multiple defendants, all of them can be held liable for your injuries. It is important to ensure that everyone is held accountable for their actions.
If you or someone you love has recently been injured in a truck accident, reach out to an attorney near you for help. They will examine your case, determine compensation, and fight for your case to ensure that justice is served.